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Home My WebLink About760022_Civil Penalty Assessment_20230725STATE OF NORTH CAROLINA NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY COUNTY OF RANDOLPH FILE NO. PC-2023-0011 IN THE MATTER OF ) ) KEITH HOCKETT ) ) FINDINGS AND DECISION FOR VIOLATIONS OF CATTLE WASTE ) AND ASSESSMENT OF MANAGEMENT SYSTEM ) CIVIL PENALTIES GENERAL PERMIT AWG200000 ) Acting pursuant to delegation provided by the Secretary of the Department of Environmental Quality (DEQ) and the Director of the Division of Water Resources (DWR), I, Michael Pjetraj, Deputy Director of the Division of Water Resources, make the following: I. FINDINGS OF FACT: A. Keith Hockett owns and operates Green Valley Farm, LLC, a permitted cattle operation in Randolph County. B. Keith Hockett was issued Certificate of Coverage AWC760022 under General Permit AWG200000 for Green Valley Farm, LLC on October 1, 2019 effective from the date of issuance, with an expiration date of September 30, 2024. C. Condition V.2. of General Permit AWG200000 states that “The maximum waste level in lagoons/storage ponds shall not exceed that specified in the facility’s CAWMP. At a minimum, maximum waste level for lagoons/storage ponds must not exceed the level that provides adequate storage to contain the 25-year, 24-hour storm event plus an additional one (1) foot of structural freeboard except that there shall be no violation of this condition if: a. there is a storm event more severe than a 25-year, 24-hour event; b. the Permittee is in compliance with its CAWMP and c. there is at least one (1) foot of structural freeboard”. D. DWR Winston-Salem Regional Office (WSRO) received a phone call on December 7, 2022, notifying of freeboard exceeding the maximum liquid level. The level at the time of reporting was at the structural freeboard level of 12-inches. This facility is equipped with a spillway at 12 inches, so the waste was already overflowing through the spillway. NRCS engineer design specifications state the designed maximum liquid level for “New” Waste Storage Pond (WSP) as 46.8 inches. E. On December 15, 2022, DWR WSRO staff conducted an announced, annual compliance inspection of the permit. The inspection reflected non-compliance with the permit. At the time of inspection, “New” Waste Storage Pond (WSP) was in exceedance of the maximum liquid level and waste was trickling from the spillway onto vegetated pasture. The waste level in “New” WSP was in exceedance of the maximum level by 34.8 inches on December 15, 2022. DocuSign Envelope ID: B5ED98FB-1D14-49D5-B1BF-DFB96F82106B F. A review of onsite records reflected that “New” WSP was recorded as being “full” in May 2022 and November 2022. Onsite representatives stated that “full” within the records reflected being at the structural freeboard level of 12-inches. G. Condition III.17.e of General Permit AWG200000 states that “The Permittee shall report by telephone to the appropriate Division Regional Office as soon as possible, but in no case more than twenty-four (24) hours following first knowledge of the occurrence of any of the following events: e. Failure to maintain storage capacity in a lagoon/storage pond greater than or equal to that required in Condition V.2. of this General Permit. H. DWR WSRO was notified by phone when the waste level was already 34.8 inches above the permitted maximum storage level. Freeboard was reported only when the waste was coming out of the spillway. On-site freeboard records reviewed during the inspection indicated that freeboard was “full” in New WSP in both May 2022 and November 2022 and WSRO did not receive notification of high freeboard during those time periods. I. Condition III.2.a of General Permit AWG200000 states that “Highly visible waste-level gauges shall be maintained to mark the level of waste in each lagoon/storage pond that does not gravity feed through a free-flowing transfer pipe into a subsequent structure. The gauge shall have readily visible permanent markings.” J. The marker on New WSP was not adequate in providing the “start-pump mark” and must be repaired and re-marked or replaced. Onsite facility representatives indicated they were not aware of where the maximum liquid level was because the waste level gauge had been dislodged during previous pumping activities. K. DWR WSRO staff previously documented concerns regarding accuracy of the waste level gauge in annual compliance inspections (inspection years 2018, 2019, 2020, and 2021), a Notice of Deficiency (NOD-2018-PC-0197), and Notice of Violation (NOV-2021-PC- 0018). L. On February 9, 2023 the Division issued a Notice of Violation (NOV/NOI) with intent to enforce through the civil penalty assessment process to Keith Hockett identifying the violation of conditions of Permit No. AWG200000. M. The NOV was sent by certified mail, return receipt requested and received on February 14, 2023. N. A Plan of Action for the High Freeboard was received by DWR WSRO. A Response to the Notice of Intent to enforce has not been received by DWR WSRO. O. The cost to the State of the enforcement procedures in this matter totaled $313.73. Based upon the above Findings of Fact, I make the following: II. CONCLUSIONS OF LAW: A. Keith Hockett is a "person" within the meaning of G.S. 143-215.6A pursuant to G.S. 143- 212(4). DocuSign Envelope ID: B5ED98FB-1D14-49D5-B1BF-DFB96F82106B B. The above cited exceedance of the maximum liquid level in a waste storage pond as described in Findings of Fact I. D-G violates Condition V.2 of General Permit AWG200000. C. The above cited failure to report the exceedance of the maximum liquid level of the waste storage pond within 24-hours of the exceedance as described in Findings of Fact I.I violates Condition III.17.e of General Permit AWG200000. D. The above cited failure to maintain a highly visible waste-level gauge within the “New” WSP as described in Findings of Fact I.K & I.L violates Condition III.2.a of General Permit AWG200000. E. Keith Hockett may be assessed civil penalties in this matter pursuant to G.S. 143- 215.6A(a)(2), which provides that a civil penalty of not more than twenty-five thousand dollars ($25,000.00) per violation may be assessed against a person who fails to act in accordance with the conditions of a permit. F. The State's enforcement costs in this matter may be assessed against Keith Hockett pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8). G. The Deputy Director of the Division of Water Resources, pursuant to delegation provided by the Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources, has the authority to assess civil penalties in this matter. Based upon the above Findings of Fact and Conclusions of Law, I make the following: III. DECISION: Accordingly, Keith Hockett, owner of Green Valley Farm, LLC at the time of the noncompliance is hereby assessed a civil penalty of: $2,000.00 for violation of permit condition V.2 by exceeding the maximum waste level in “New” waste storage pond. $1,500.00 for two violations of permit condition III.17.e by failing to notify the Division within 24-hours of exceeding the maximum waste level $1,000.00 for violation of permit condition III.2.a by failing to maintain a highly visible waste level gauge in “New” waste storage pond. $4,500.00 TOTAL CIVIL PENALTY $313.73____ Enforcement costs $4,813.73 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6AI, in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; DocuSign Envelope ID: B5ED98FB-1D14-49D5-B1BF-DFB96F82106B (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; (8) The cost to the State of the enforcement procedures. IV. NOTICE: I reserve the right to assess civil penalties and investigative costs for any continuing violations occurring after the assessment period indicated above. Each day of a continuing violation may be considered a separate violation subject to a maximum $25,000.00 per day penalty. Civil penalties and investigative cost may be assessed for any other rules and statutes for which penalties have not yet been assessed. V. TRANSMITTAL: These Findings of Fact, Conclusions of Law and Decision shall be transmitted to Keith Hockett in accordance with N.C.G.S. 143-215.6(A)(d). _________________ _______________________________ (Date) Michael Pjetraj, P.E Deputy Director Division of Water Resources DocuSign Envelope ID: B5ED98FB-1D14-49D5-B1BF-DFB96F82106B 7/25/2023